Planning and Environment Act 1987 GREATER GEELONG PLANNING SCHEME AMENDMENT C177 EXPLANATORY REPORT Who is the planning authority? This amendment has been prepared by the Greater Geelong City Council which is the planning authority for this amendment. The amendment has been made at the request of Greater Geelong City Council, in partnership with the Department of Planning and Community Development. Land affected by the amendment. The amendment applies to five identified areas of land on the Bellarine Peninsula, as follows: Lake Connewarre Escarpment (land in the southern part of Leopold and parts of Wallington). Lake Victoria and Yarram Creek (land to the west of Fellows Road, Point Lonsdale and parts of Marcus Hill and Mannerim). Swan Bay and Surrounds (land to the west of Swan Bay, parts of Mannerim and the lower reaches of St. Leonards). Murradoc Hill (land to the east of the Drysdale and Clifton Springs townships and parts of Bellarine). Clifton Springs to Portarlington Coast (land between these two townships, to the west of the Geelong – Portarlington Road). What the amendment does. The amendment introduces and applies the Significant Landscape Overlay (SLO) to five identified areas of land on the Bellarine Peninsula, in the form of the following Schedules to Clause 42.03 of the Greater Geelong Planning Scheme: SLO10: Lake Connewarre Escarpment SLO11: Lake Victoria and Yarram Creek SLO12: Swan Bay and Surrounds SLO13: Murradoc Hill SLO14: Clifton Springs to Portarlington Coast The amendment also changes the Municipal Strategic Statement (MSS) at Clause 21.13 Coastal Areas to include reference to significant landscapes on the Bellarine Peninsula. Strategic assessment of the amendment Why is the amendment required? The Coastal Spaces Landscape Assessment Study 2006 was commissioned in December 2004 as part of the Coastal Spaces Initiative, led by the Department of Sustainability and Environment. The study focused on the coastal areas of Gippsland (Bass Coast to the NSW border), the Bellarine Peninsula and coast west of Warrnambool to the South Australian border. The Study was designed to implement the objectives of the Coastal Management Act 1995 and the Victorian Coastal Strategy 2008. The study identified and mapped individual landscape characteristics within these coastal regions, identified significant landscapes and provided an implementation framework to assist local government in managing development impacts within coastal landscapes. The amendment will correct a policy gap in the Greater Geelong Planning Scheme where a number of permit exemptions exist. The amendment will provide greater statutory weight when assessing planning applications for buildings and works and removal of vegetation. It is noted that some of the land identified and mapped in the Lake Victoria and Yarram Creek overlay has not been included in the final exhibited Amendment C177. The excluded land consists of four properties located to the north east corner of Ocean Grove – within the proposed settlement boundary, and part of the Lonsdale Golf Club, located within the proposed Point Lonsdale Settlement Boundary. These areas are currently in the process of being rezoned for residential purposes and their exclusion is consistent with the Coastal Spaces Landscape Assessment Study where the urban areas of settlements were excluded from the study. How does the amendment implement the objectives of planning in Victoria? The amendment will implement relevant objectives of planning in Victoria by: a) Providing for the fair, orderly, economic and sustainable development of land on the Bellarine Peninsula via implementation of the recommendations of the Coastal Spaces Landscape Assessment Study 2006. b) Providing for the protection of natural resources through appropriate development control of significant coastal landscapes on the Bellarine Peninsula. c) Securing a pleasant living and recreational environment for all Victorians and visitors to Victoria through the safeguarding of coastal views and significant landscapes as viewed on the Bellarine Peninsula. d) Conserving areas which are of aesthetic value as identified in the Coastal Spaces Landscape Assessment Study 2006. How does the amendment address the environmental effects and any relevant social and economic effects? The amendment will not result in any adverse environmental impacts, in fact, it will aid in the protection and conservation of significant vegetation and coastal landscapes. It is considered the requirement for a development permit on private land is not unreasonable. Each schedule to the SLO will provide for exemptions to allow minor buildings and works, including a number of exemptions relating to vegetation removal, which can be undertaken without the need for a permit. Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment? 2 The amendment is not affected by any of the Minister's Directions under section 12 of the Planning and Environment Act 1987. The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act. How does the amendment support or implement the State Planning Policy Framework? Clause 15 of the State Planning Policy Framework (SPPF) relates to Environment and Clause 15.08 deals specifically with Coastal Areas. The first objective of Clause 15.08 is “to protect and enhance the natural ecosystems and landscapes of the coastal and marine environment”. Clause 15.08-3 states decision making by planning authorities should be consistent with and have regard to the Coastal Spaces Landscape Assessment Study 2006. The amendment is clearly consistent with the SPPF and provides for the safeguarding of identified significant coastal landscapes via implementation of the SLO into the Greater Geelong Planning Scheme. How does the amendment support or implement the Local Planning Policy Framework? The amendment is consistent with the Local Planning Policy Framework including the Municipal Strategic Statement, namely: Clause 21.08 Urban Growth, which seeks to maintain a non-urban break between settlements and protect areas of environmental sensitivity, including coastal areas. The policy notes that throughout the municipality there is a feeling that coast and country are always close to settlements, a quality the Geelong community wishes to retain. Clause 21.13 Coastal Areas, which identifies coastal areas as an important natural feature of the municipality. Objectives of the policy include to protect and maintain the visual qualities of the City’s coastal areas, prevent lineal urban sprawl along the coast and to manage tourism pressures on the coast to ensure that the values that attract visitors are not compromised or diminished. Clause 21.23 Tourism, which states that tourism is increasing in importance to the municipality with its associated economic and employment benefits, and highlights the need to protect areas of sensitive environmental interest, including the coast. Clause 21.24 Agriculture and Rural Land, which seeks to preserve environmentally significant features in rural areas and the landscape character of rural areas by applying the Significant Landscape Overlay where appropriate. Clause 21.30 Design and Built Form, which states as its first objective: “to improve the physical quality of Geelong’s built environment and public spaces. One of the strategies to achieve this is to retain and strengthen significant vistas and views to key landscapes and view corridors. The amendment is also consistent with Council’s newly formatted Municipal Strategic Statement (Clauses 21.05, 21.07 and 21.14) which is awaiting Ministerial approval as part of 3 Amendment C129. The new MSS includes policy to ensure development in rural areas respects the farmed landscape character, particularly significant landscapes on the Bellarine Peninsula, as identified through the Coastal Spaces Landscape Assessment Study 2006. Does the amendment make proper use of the Victoria Planning Provisions? The amendment makes proper use of the Victoria Planning Provisions by applying the most suitable overlay to protect significant landscapes on the Bellarine Peninsula, that being the SLO. The purpose of Clause 43.02 SLO is to identify significant landscapes and to conserve and enhance the character of significant landscapes. The amendment will introduce five (5) schedules to the SLO, with each schedule applying to a separate landscape. Each significant area has different landscape characteristics that warrant protection. How does the amendment address the views of any relevant agency? The amendment has been prepared in partnership with the Department of Planning and Community Development, following an extensive strategic planning process, culminating in the release of the Coastal Spaces Landscape Assessment Study 2006. It is noted that the State Government has provided a grant of $40,000 to assist Council with the process. Other agencies involved in the Coastal Spaces Landscape Assessment Study for the Bellarine Peninsula included the Department of Sustainability and Environment South West Region, the Corangamite Catchment Management Authority, Aboriginal Affairs Victoria, the Central Coastal Board, Heritage Victoria and the Borough of Queenscliffe. These agencies formed the Bellarine Region Reference Group to assist in the formulation of the Study. What impact will the new planning provisions have on the resource and administrative costs of the responsible authority? While the amendment will result in an increase in permit applications to be assessed by the Statutory Planning Department, it is considered the number of applications will be minor and not impact on existing resources. Where you may inspect this Amendment. The amendment is available for public inspection, free of charge, at the following places. During Office Hours at: Greater Geelong City Council, Customer Service Centre, Ground Floor, 131 Myers Street, Geelong During Office Hours at: Greater Geelong City Council, Customer Service Centre, Drysdale Customer Service Centre, 18-20 Hancock Street, Drysdale During Office Hours at: Greater Geelong City Council, Customer Service Centre, The Grove Centre, 66-70 The Avenue (78 Presidents Avenue), Ocean Grove Have a Say section of the City’s website at: www.geelongaustralia.com.au/council/yoursay 4 Department of Planning and Community Development website at: www.dpcd.vic.gov.au/planning/publicinspection Further information For further information about the Amendment, please contact the Strategic Implementation Unit at the City of Greater Geelong on (03) 5272 4496 and quote Amendment C177, or via email strategicplanning@geelongcity.vic.gov.au Written submissions Submissions about Amendment C177 should be received by Monday, 28 September 2009 and addressed to: The Coordinator Strategic Implementation City of Greater Geelong either by mail to: PO Box 104, GEELONG VIC 3220 or by email to: strategicplanning@geelongcity.vic.gov.au 5